COMMITMENTS AND CONTINGENCIES | (7) COMMITMENTS AND CONTINGENCIES: Construction Contracts (a) 7990 Davie Road Extension, Hollywood, Florida (Store #19 – “Big Daddy’s Wine & Liquors”) During the third quarter of our fiscal year 2019, we entered into an agreement with a third party unaffiliated general contractor for site work at this location totaling $1,618,000, (i) to connect the real property where this restaurant operated (Store #19) to city sewer and (ii) to construct a new building on the adjacent parcel of real property for the operation of a package liquor store. During our fiscal years 2020 and 2021, we agreed to change orders to the agreement for additional construction services increasing the total contract price by $624,000 to $2,242,000, of which $1,951,000 has been paid through April 2, 2022 and $-0- has been paid subsequent to the end of the second quarter of our fiscal year 2022 through the date of filing of this quarterly report. (b) 2505 N. University Drive, Hollywood, Florida (Store #19 – “Flanigan’s”) During the third quarter of our fiscal year 2019, we entered into an agreement with an unaffiliated third party architect for design and development services totaling $77,000 for the re-build of our restaurant located at 2505 N. University Drive, Hollywood, Florida (Store #19), which has been closed since October 2, 2018 due to damages caused by a fire, of which $62,000 has been paid. During the first quarter of our fiscal year 2022, we entered into an agreement with a third party unaffiliated general contractor to re-build our restaurant at this location for $2,515,000, of which $226,000 has been paid subsequent to the end of the second quarter of our fiscal year 2022 through the date of filing of this quarterly report. 10 Index (c) 14301 W. Sunrise Boulevard, Sunrise, Florida (Store #85 – “Flanigan’s”) During the third quarter of our fiscal year 2019, we entered into an agreement with an unaffiliated third party design group for design and development services of our new location at 14301 W. Sunrise Boulevard, Sunrise, Florida 33323 (Store #85) for a total contract price of $122,000. During our fiscal year 2020, we agreed upon amendments to the $122,000 Contract for additional design and development services which had the effect of increasing the total contract price by $18,000 to $140,000, of which $131,000 has been paid through April 2, 2022. Additionally, during the fourth quarter of our fiscal year 2020, we entered into an agreement with a third party unaffiliated general contractor for interior renovations at this location totaling $1,236,000 and through the second quarter our fiscal year 2022 we agreed to change orders to the agreement for additional interior renovations increasing the total contract price by $215,000 to $1,451,000, which has been paid in full by the end of the second quarter of our fiscal year 2022. (d) 11225 Miramar Parkway, #250, Miramar, Florida (Store #25 - “Flanigan’s”) During the second quarter of our fiscal year 2022, we entered into an agreement with a third party unaffiliated general contractor for interior renovations at this location totaling $1,421,000, of which $-0- has been paid through April 2, 2022 and $180,000, has been paid subsequent to the end of the second quarter of our fiscal year 2022 through the date of filing of this quarterly report. (e) 11225 Miramar Parkway, #245, Miramar, Florida (Store #24 - “Big Daddy’s Wine and Liquors”) During the first quarter of our fiscal year 2022, we entered into an agreement with a third party unaffiliated general contractor for interior renovations at this location totaling $317,000, of which $93,000 has been paid through April 2, 2022 and $-0- has been paid subsequent to the end of the second quarter of our fiscal year 2022 through the date of filing of this quarterly report. Leases To conduct certain of our operations, we lease restaurant and package liquor store space in South Florida from unrelated third parties. Our leases have remaining lease terms of up to 10 years, some of which include options to renew and extend the lease terms for up to an additional 30 years. We presently intend to renew some of the extension options available to us and for purposes of computing the right-of-use assets and lease liabilities required by ASC 842, we have incorporated into all lease terms which may be extended, an additional term of the lesser of (i) the amount of years the lease may be extended; or (ii) 15 years. 11 Index Following the adoption of ASC 842 during our fiscal year ended October 3, 2020, common area maintenance and property taxes are not considered to be lease components. The components of lease expense are as follows: 13 Weeks 13 Weeks Ended April 2, 2022 Ended April 3, 2021 Finance Lease Amortization $ — $ 79,000 Finance Lease Expense, which is included in interest expense — 44,000 Operating Lease Expense, which is included in occupancy costs 916,000 808,000 $ 916,000 $ 931,000 26 Weeks 26 Weeks Ended April 2, 2022 Ended April 3, 2021 Finance Lease Amortization $ — $ 198,000 Finance Lease Expense, which is included in interest expense — 109,000 Operating Lease Expense, which is included in occupancy costs 1,834,000 1,867,000 $ 1,834,000 $ 2,174,000 Supplemental balance sheet information related to leases is as follows: Classification on the Condensed Consolidated Balance Sheet April 2, 2022 October 2, 2021 Assets Operating lease assets $ 28,900,000 $ 28,559,000 Liabilities Operating lease current liabilities 2,213,000 2,009,000 Operating lease non-current liabilities $ 27,579,000 $ 27,183,000 Weighted Average Remaining Lease Term: Operating leases 9.21 Years 8.93 Years Weighted Average Discount: Operating leases 4.52% 4.62% Total operating lease liabilities are as follows: For fiscal year 2022 Operating 2022 (six (6) months to October 1, 2022) $ 1,723,000 2023 3,501,000 2024 3,544,000 2025 3,537,000 2026 3,371,000 Thereafter 22,121,000 Total lease payments (Undiscounted cash flows) 37,797,000 Less imputed interest (8,005,000 ) Total operating lease liabilities $ 29,792,000 12 Index Litigation Our sale of alcoholic beverages subjects us to “dram shop” statutes, which allow an injured person to recover damages from an establishment that served alcoholic beverages to an intoxicated person. If we receive a judgment substantially in excess of our insurance coverage or if we fail to maintain our insurance coverage, our business, financial condition, operating results or cash flows could be materially and adversely affected. We currently have no “dram shop” claims. We are a party to various other claims, legal actions and complaints arising in the ordinary course of our business. It is our opinion, after consulting with legal counsel, that all such matters are without merit or involve such amounts that an unfavorable disposition would not have a material adverse effect on our financial position or results of operations. |